Report on the future of

legal services

in the United States

2016

Introduction by William C. Hubbard

"We must open our minds to innovative approaches and to leveraging technology in order to identify new models to deliver legal services. Those who seek legal assistance expect us to deliver legal services differently. It is our duty to serve the public, and it is our duty to deliver justice, not just to some, but to all."

William C. Hubbard

ABA PRESIDENT 2014 - 15

Foreword

The American public deserves accessible and affordable legal services, and the legal profession has a special obligation to advance this goal. From 2014 to 2016, the American Bar Association Commission on the Future of Legal Services examined various reasons why meaningful access to legal services remains out of reach for too many Americans. The Commission also studied traditional and evolving delivery models for legal services, scrutinized the strengths and weaknesses of the profession and justice system that impact the delivery of legal services, and developed recommendations for ensuring that the next generation of legal services more effectively meets the public’s needs.

As leaders in our society, lawyers have a responsibility to uphold the rule of law. When nearly half of all young people do not believe our justice system is fair, we have fallen short of our responsibility. Lawyers must use the incredible power given them by their law license to effectuate positive change. We must keep in mind what Charles Hamilton Houston taught us, 'a lawyer is either a social engineer or a parasite on society.' We must be social engineers and change the perception of our justice system. Maintenance of the rule of law requires it.

Paulette Brown

ABA President 2015-16

Just because we cannot see clearly the end of the road, that is no reason for not setting out on the essential journey. On the contrary, great change dominates the world, and unless we move with change we will become its victims.

Robert F. Kennedy

Farewell Statement, Warsaw, Poland

(as reported in THE NEW YORK TIMES, July 2, 1964)

In order to ensure that the public has meaningful access to justice, the next generation of lawyers must be prepared to develop innovative approaches to the delivery of legal services. Doing so will help lawyers thrive, while ensuring that we serve the public’s interests.

Dana M. Hrelic

Secretary, ABA Young Lawyers Division, Hartford, CT

Solos must embrace unprecedented and exponentially evolving technology as an opportunity rather than as an impediment to the delivery of meaningful, affordable, and quality legal services.

Daniel Burnham once said: ‘Make no little plans; they have no magic to stir men`s blood and probably themselves will not be realized. Make big plans; aim high in hope and work, remembering that a noble, logical diagram once recorded will never die, but long after we are gone will be a living thing, asserting itself with ever-growing insistency...’ As a profession, we too must aim ‘high in hope and work’ to chart out a ‘noble, logical diagram’ to increase access to justice.

Ron Staudt

Professor of Law and Director of the Center for Access to Justice & Technology, Chicago-Kent College of Law, Illinois Institute of Technology, Chicago, IL

Executive summary

In August 2014, the Commission on the Future of Legal Services set out to improve the delivery of, and access to, legal services in the United States. The Findings and Recommendations of the two-year undertaking are contained in this Report on the Future of Legal Services in the United States and are a product of the Commission’s full membership including Commissioners, special advisors, liaisons, reporters, and ABA staff. This is a consensus document that was not authored by a single individual. Rather, the Report represents the expertise and input of the entire Commission, as informed by written comments supplied by the public and the profession, testimony at public hearings and meetings, grassroots events across the country, a national summit on innovation in legal services, webinars, and dozens of presentations on the Commission’s work at which the public’s input was sought. The Commission recognizes that portions of this Report may be viewed as controversial by some or not sufficiently bold by others, but the Commission believes that significant change is needed to serve the public’s legal needs in the 21st Century.

Disclaimer: The views expressed in this report have not been approved by the
House of Delegates or the Board of Governors of the American Bar Association and, accordingly, should not be construed as representing
the policy of the ABA unless expressly noted therein.

Most people living in poverty, and the majority of moderate-income individuals, do not receive the legal help they need.

The public often does not obtain effective assistance with legal problems, either because of insufficient financial resources or a lack of knowledge about when legal problems exist that require resolution through legal representation.

The vast number of unrepresented parties in court adversely impacts all litigants, including those who have representation.

Many lawyers, especially recent law graduates, are un- or underemployed despite the significant unmet need for legal services.

The traditional law practice business model constrains innovations that would provide greater access to, and enhance the delivery of, legal services.

2.3 States should explore how legal services are delivered by entities that employ new technologies and internet-based platforms and then assess the benefits and risks to the public associated with those services.

2.4 Continued exploration of alternative business structures (ABS) will be useful, and where ABS is allowed, evidence and data regarding the risks and benefits associated with these entities should be developed and assessed.

Summit

National Summit on Innovation in Legal Services

Stanford University School of Law

May 2-4, 2015

A “National Summit on Innovation in Legal Services,” convened in partnership with Stanford Law School, challenged more than 200 thought leaders from within and beyond the legal profession to develop action plans to ensure access to justice for all.

Other professions have embraced technology more quickly than the legal profession. We must adapt to fulfill our mission and do so true to first principles.

Stephen A. Saltzburg

Wallace and Beverley Woodbury University Professor, The George Washington University Law School, Washington, DC

It is neither easy nor comfortable to embrace innovation, but we must do so—now. As lawyers, we have so much to offer to those who need help, but millions cannot access our services. This has to change, and we must drive that change. If we want to make justice for all a reality, we need to listen to different perspectives and open ourselves to new approaches and ideas, all while following our core value of protecting the public.

Linda Klein

ABA President-Elect 2015-16

Now is a time for great opportunity and excitement in the legal industry. If you have an idea for how to make the legal industry more effective or how to serve clients better, the time is ripe for becoming a leader and defining these new service offerings and business models for law. We need entrepreneurial lawyers to create new solutions for getting people legal help, new roles for JDs, and new types of interdisciplinary, user-centered legal organizations.

Margaret Hagan

Fellow, Stanford Law’s Center on the Legal Profession and a lecturer at Stanford Institute of Design, Stanford, CA

The National Summit on Innovation in Legal Services in May 2015 underscored the importance of looking beyond the legal profession for guidance on how lawyers can improve client service. Other disciplines are far ahead of ours in their measurement of consumer needs and in their design of user-focused solutions to meet those needs.

James J. Sandman

President, Legal Services Corporation, Washington, DC

The future will demand our full collective resources. Law students, lawyers, judges, innovators, and legal providers of all varieties will need to work collaboratively to achieve a sustainable, relevant, and valuable legal system.